Gore v. Tacoma Police Department et al

Filing 79

ORDER ADOPTING 76 REPORT AND RECOMMENDATION re 77 Objections, signed by Judge Benjamin H. Settle. Defendants' 35 Motion for Summary Judgment is Granted and Plaintiff's in forma pauperis status is revoked for purposes of appeal. **2 PAGE(S), PRINT ALL**(Jermaine Gore, Prisoner ID: 722764)(GMR)

Case 3:18-cv-05075-BHS Document 79 Filed 11/30/20 Page 1 of 2

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. C18-5075 BHS

JERMAINE GORE,
Plaintiff,

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v.

ORDER ADOPTING REPORT
AND RECOMMENDATION

TACOMA POLICE DEPARTMENT, et
al.,

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Defendants.
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This matter comes before the Court on the Report and Recommendation (“R&R”)

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of the Honorable Theresa L. Fricke, United States Magistrate Judge, Dkt. 76, and

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Plaintiff Jermaine Gore’s (“Gore”) objections to the R&R, Dkt. 77.

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On October 14, 2020, Judge Fricke issued the R&R recommending that the Court

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grant Defendants’ motion for summary judgment because Gore’s claims are barred by

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Heck v. Humphrey, 512 U.S. 477 (1994), and that Gore’s in forma pauperis status be

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revoked for purposes of appeal. Dkt. 76. On October 29, 2020, Gore filed objections.

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Dkt. 77. On November 12, 2020, Defendants responded. Dkt. 78. Gore did not reply.

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The district judge must determine de novo any part of the magistrate judge’s
disposition that has been properly objected to. The district judge may accept, reject, or

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ORDER - 1

Case 3:18-cv-05075-BHS Document 79 Filed 11/30/20 Page 2 of 2

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modify the recommended disposition; receive further evidence; or return the matter to the

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magistrate judge with instructions. Fed. R. Civ. P. 72(b)(3).

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In this case, Gore objections are without merit. His § 1983 claims challenge the

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legality of his arrest, search, and convictions. These claims are squarely barred by Heck.

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Therefore, the Court having considered the R&R, Gore’s objections, and the remaining

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record, does hereby find and order as follows:

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(1)

The R&R is ADOPTED;

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(2)

Defendants’ motion is GRANTED;

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(3)

Gore’s in forma pauperis status is REVOKED for purposes of appeal; and

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(4)

The Clerk shall enter a JUDGMENT and close the case.

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Dated this 30th day of November, 2020.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2